National Treasure Management Agency (Amendment) Act 2000

Interpretation.

6

6.—(1) In this Part—

“delegated claim” means a claim, or a claim of a class, the management of which stands delegated to the Agency under subsection (1) of section 9 and which is not the subject of a direction under subsection (4) of that section;

“manage” means—

( a) in relation to a claim, take the steps necessary or expedient for the purpose of disposing (whether by agreement or otherwise) of the claim and, without prejudice to the generality of the foregoing, includes—

(i) perform the clerical and other administrative functions relating to the claim and the disposal of it,

(ii) investigate the claim and any act, omission or other matter (and the circumstances thereof and any other matter relevant thereto) that occasioned the claim,

(iii) retain the services of professional and other expert advisers in relation to the claim and the other matters referred to in subparagraph (ii) and in relation to the liability (including the amount of the potential financial liability) of the State authority concerned in respect of the claim and the amount (if any) that would be reasonable to pay in settlement of the claim,

(iv) represent the State authority concerned in a court or other tribunal in relation to the claim,

and

( b) in relation to a counterclaim, take the steps necessary or expedient for the purpose of making and disposing of (whether by agreement or otherwise) the counterclaim and, without prejudice to the generality of the foregoing, includes—

(i) perform the clerical and other administrative functions relating to the making of the counterclaim,

(ii) investigate the counterclaim and any act, omission or other matter (and the circumstances thereof and any other matter relevant thereto) that occasioned the counterclaim,

(iii) retain the services of professional and other expert advisers in relation to the counterclaim and the other matters referred to in subparagraph (ii) and in relation to the liability (including the amount of the potential financial liability) of the claimant in respect of the counterclaim and the amount (if any) that would be reasonable to receive in settlement of the counterclaim,

(iv) represent the State authority concerned in a court or other tribunal in relation to the counterclaim,

and cognate words shall be construed accordingly;

“relevant Minister of the Government”, in relation to a claim or a delegated claim, as may be appropriate, means—

( a) in the case of a claim or delegated claim, as may be appropriate, made against a Minister of the Government, the Minister of the Government concerned,

( b) in the case of a claim or a delegated claim, as may be appropriate, made against the State or the Attorney General, the Taoiseach, and

( c) in the case of a claim or a delegated claim, as may be appropriate, made against any other State authority, the Minister of the Government at whose request an order may be made under section 9 (1) in relation to—

(i) the claim concerned, or

(ii) a class of claim to which the claim concerned belongs.

(2) Any function (which includes any power or duty) conferred, or any liability imposed, on a State authority by this Part shall, in the case of the State, be performed or undertaken on its behalf by the Taoiseach.